Galvin v R [2015] NSWCCA 88

Galvin v R [2015] NSWCCA 88

Leave to appeal granted but the appeal dismissed; the sentencing judge's findings on objective criminality, sentence length, and standard of proof on remorse were open on the evidence and involved no error; the sentence was not manifestly excessive given the seriousness and circumstances of the offences.

Source-derived case information.

Parties
Applicant: Shane Melvin Galvin; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 May 2015
Procedural Posture
Criminal Appeal / Sentence Appeal (severity), Leave to Appeal Granted
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeal Against Sentence, Supply of Prohibited Drugs, Firearms and Weapons Offences, Severity of Sentence, Objective Criminality, Remorse in Sentencing
Criminal Law Appeal Against Sentence Supply of Prohibited Drugs Firearms and Weapons Offences Severity of Sentence Objective Criminality Remorse in Sentencing

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Parties

Shane Melvin Galvin

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal (severity), Leave to Appeal Granted

Legal Issues

  1. 1 Whether the sentencing judge erred in finding that the objective criminality of the applicant was approximately equivalent to his co-offender
  2. 2 Whether the sentence was manifestly excessive
  3. 3 Whether sentencing judge applied incorrect standard of proof regarding remorse

Ratio Decidendi

Leave to appeal granted but the appeal dismissed; the sentencing judge's findings on objective criminality, sentence length, and standard of proof on remorse were open on the evidence and involved no error; the sentence was not manifestly excessive given the seriousness and circumstances of the offences.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed